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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434412791
Report Date: 03/18/2024
Date Signed: 03/19/2024 08:41:32 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/11/2024 and conducted by Evaluator Anna Morales
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20240311112652
FACILITY NAME:TORRES, RITAFACILITY NUMBER:
434412791
ADMINISTRATOR:TORRES, RITAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(669) 216-0586
CITY:SAN JOSESTATE: CAZIP CODE:
95112
CAPACITY:14CENSUS: 9DATE:
03/18/2024
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Rita TorresTIME COMPLETED:
04:30 PM
ALLEGATION(S):
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1. Facility is out of ratio
2. Conduct Inimical
INVESTIGATION FINDINGS:
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Licensing Program Analysts(LPA's) Anna Morales and Deanna Villagrana conducted an initial Complaint investigation for the above allegations. LPA's were greeted by Licensee Rita Torres, two staff, three infants and seven preschool aged children.

Based on interviews and supporting documentaion, tthe preponderance of evidence standard has been met, therefore the above allegations ares found to be Substantiated,

The following Type A deficiencies were cited the attached page (809-D). Licensee was informed that failure to correct the deficiency by the specified Plan of Correction(s)

Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 6
Control Number 07-CC-20240311112652
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: TORRES, RITA
FACILITY NUMBER: 434412791
VISIT DATE: 03/18/2024
NARRATIVE
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Correction (POC) Due Date may result in assessment of civil penalties in the amount of $100 per day per violation until the correction is made.

LPA's Anna Morales and Deanna Villagrana informed licensee Rita Torres that this report dated 3/18/2024 document(s) 3 Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

LPA's Anna Morales and Deanna Villagrana, also, informed the licensee Rita Torres to provide a copy of this licensing report dated 3/18/2024 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

A notice of site visit was given and must remain posted for 30 days.
Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Appeal Right given
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 07-CC-20240311112652
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: TORRES, RITA
FACILITY NUMBER: 434412791
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/18/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/19/2024
Section Cited
CCR
102416.5(d)(1)
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Staffing Ratio and Capacity - For a Large Family Child Care Home, the maximum number of children for whom care may be provided at any one time when there is an assistant provider in the home, including children under age 10 who reside at the licensee's home and the assistant provider's children under age 10, shall be: (1) Twelve children, no more than four of whom may be infants.
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Licensee,Rita Torres will submit a written Plan to remain in Ratio at all times of Correctionby the POC date.
This case will be referred to Community Care Licensing Management for further review.
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This requirement is not met as evidenced by:
Based on supporting documentation and interviews, On 2/15/24, there were two adult assistants (plus the Licensee) present in the home with (5) five infants and seven (7) preschool age children. This poses an immediate risk to the health, safety, and personal rights of children in care.
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Upon receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.
Type A
03/19/2024
Section Cited
CCR
102423(a)(2)
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Personal Rights(a)(2): Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent
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Licensee,Rita Torres will submit a written Plan of Correctionsby the POC date which will ensure that the children's Personal Rights are not voilated.
This case will be referred to Community Care Licensing Management for further review.
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or authorization from the child's authorized representative. These rights include, but are not limited to, the following:(2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement is not met as evidenced by: Based on interview and supporting documentation, On 2/15/24, three (3) infants were taken to the Licensee's family members house, (not licensed) to remain in ratio while Two LPA's (LPA Anna Morales and Doni Fici) conducted an required inspection.This poses an immediate risk to the health, safety, and personal rights of children in care.
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Upon receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.
Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 07-CC-20240311112652
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: TORRES, RITA
FACILITY NUMBER: 434412791
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/18/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/19/2024
Section Cited
HSC
1596.885(c)
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ยง1596.885 Denial, suspension or revocation of license, registration, or special permits; grounds:The department may deny an application for or suspend or revoke any license,
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Licensee,Rita Torres will submit a written Plan stating that you will be hones to the Department at all times by the POC date
This case will be referred to Community Care Licensing Management for further review.
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registration, or special permit issued under this act upon any of the following grounds and in the manner provided in this act (c) Conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of this state. This requirement is not met as evidenced by: Licensee falsfied the number of children in care during the course of inpection conducted on 2/15/24 by LPA's Anna Morales and Doni Fici. This poses an immediate risk to the health, safety, and personal rights of children in care.
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Upon receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 6
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/11/2024 and conducted by Evaluator Anna Morales
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20240311112652

FACILITY NAME:TORRES, RITAFACILITY NUMBER:
434412791
ADMINISTRATOR:TORRES, RITAFACILITY TYPE:
810
ADDRESS:396 NORTH 17TH STREETTELEPHONE:
(669) 216-0586
CITY:SAN JOSESTATE: CAZIP CODE:
95112
CAPACITY:14CENSUS: 9DATE:
03/18/2024
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Rita TorresTIME COMPLETED:
04:30 PM
ALLEGATION(S):
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1. Staff are not ensuring children's diapers are changed timely
2. Facility has pests
INVESTIGATION FINDINGS:
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Licensing Program Analysts(LPA's) Anna Morales and Deanna Villagrana conducted an initial Complaint investigation for the above allegations. LPA's were greeted by Licensee Rita Torres, two staff, three infants and seven preschool aged children.

Throughout the investigation process, it was found the allegation are UNSUBSTANTIATED; based on interviews, observations, and information gathered by LPA's Anna Morales and Deanna Villagrana. A finding that is unsubstantiated means although the allegation may have happened or is valid, the preponderance of evidence does not prove it.

Exit interview conducted and copy of this report was reviewed with the Licensee Rita Torres.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 6